In a bail application under Section 439 CrPC, the High Court allowed bail to an accused alleged in a matrimonial suicide/murder case. The court noted the investigation had negated the murder charge and the suicide note indicated no specific complaint against the petitioner.
Bail allowed with a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 718/2024
Shiv Prakash S/o Prabhu Ram, Aged About 40 Years, R/o Village Bambu, Teh Bidasar, Dist. Churu. (Lodged In Dist Jail Churu)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr. Vikas Bijarnia |
|---|---|
| For Respondent(s) | : Mr. Mukhtiyar Khan, PP |
| For Complainant(s) | : Mr. S.S. Patel |
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/03/2024
| S.No. | Particulars of | the Case | |
|---|---|---|---|
| 1. | FIR Number | 188/2023 | |
| 2. | Concerned Police Station | Sandwa | |
| 3. | District | Churu | |
| 4. | Offences alleged in the FIR | Sections 498-A, 302, of the IPC |
34 |
| 5. | Offences added,if any | - | |
| 6. | Date of passing of impugned order |
11.01.2024 |
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[CRLMB-718/2024]
(2 of 3)
years they spent marital life and no complain is there on record. She died at her matrimonial home is a fact which is not disputed. Parents of the deceased-wife levelled serious allegations of committing murder against the entire family, however, after investigation with a specific finding, the charge under Section 302 IPC has been negated by the investigating agency.
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[CRLMB-718/2024]
(3 of 3)
stated that she consumed the poisonous substance under misconception. In an unequivocal terms, she stated that she was not having not facing any trouble at her matrimonial home rather she was living happily there. In an express terms she stated that she was not having any complain towards her inlaws. In the given circumstances I do not feel it appropriate to allow further incarceration as the allegations would be justified in the trial and whereafter the guilt would be ascertained by the learned trial Court after making appreciation of the entire evidence. Thus, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter. Needless to say, none of the observations made herein under shall affect the rights of either of the parties during trial and this Court refrains from commenting on the niceties of the matter.
(FARJAND ALI),J
12-Mamta/-
2 issues framed by the court
Whether bail should be granted to the accused-petitioner accused under Sections 498-A and 302 IPC.
Whether the allegations are justified or based on conjectures given the findings of the investigation.
1 provisions across 1 enactments
Shiv Prakash S/o Prabhu Ram
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
